What are Articles 370, 35A of the Indian Constitution?
Sahib Mehta
NEW DELHI: Over the last 24-hours, there has been widespread jubilation across India after the Narendra Modi-led BJP government announced its decision to amend Article 370 of the Constitution, so that it now becomes defunct. Article 370 gave a special status to the state of Kashmir.
Indian Home Minister Amit Shah also announced in India’s upper-house, the Rajya Sabha, that the government was doing away with Article 35A that emanated from Article 370.
What is Article 370?
In 1947, when India got Independence from British rule, the then princely state of Kashmir — which was under the rule of Maharaja Hari Singh — decided to sign an Instrument of Accession to become a part of India. However, the Instrument of Accession was only signed by Hari Singh on 26 October, 1947 and was accepted by then Viceroy, Lord Mountbatten.
However, there are a few key points of the deal that was signed between Hari Singh and Mountbatten that need to be highlighted now.
Clause 5 of the document said that the terms of the accession “shall not be varied” by any amendment to the Govt. of India Act of 1935 or the Indian Independence Act 1947 unless accepted by Hari Singh in a supplementary instrument. Clause 6 disallowed the making of laws to acquire land in the state “for any purpose” but permitted Hari Singh to do so for the Dominion of India for a law applicable to the state. Clause 7 said no future Constitution of India (which was still to be written) could be imposed on the state.
This was signed before the Indian Constitution was penned down and officially adopted in 1950.
In the original Constitution of India, J&K was listed as a Party B state, along with the other princely states hat had merged by Instruments of Accession, and Hyderabad and Mysore.
Party B states were then abolished and J&K was by an amendment by of the Constitution put into Article 1 as India’s 15th state and irrevocably part of the “territory of India.”
However it continued to enjoy special status it was granted under Article 370. Under Article 370, J&K was allowed to have its own state constitution and the Union of India could legislate/ act only in defence, foreign affairs and communications.
What is Article 35A?
Article 35A was made part of the Indian Constitution in 1954 through a presidential order. The article, which defines who is a permanent resident of J&K and laid down strict property purchase rights and was discriminatory towards women. It deprived them the right to claim a stake in property rights if they married non-J&K residents.
So, what the Modi-led government has done, essentially, is that it has amended the Constitution. Contrary to popular belief, they have not repealed Article 370 or Article 35A. However, they have bifurcated the state into two union territories, J&K and Ladakh.
Amit Shah introduced the Jammu and Kashmir (Reorganisation) Bill, 2019 making Jammu & Kashmir a Union Territory with a Legislative Assembly, along with Union Territory status to Ladakh without a Legislative Assembly. Further, the Jammu & Kashmir Reservation (2nd Amendment) Bill, 2019 to amend the Jammu & Kashmir Reservation Act 2004 was also introduced. This bill seeks to extend the 10 per cent quota to economically weaker sections of society in J&K in jobs and educational institutions. Both the bills were passed by Rajya Sabha unanimously.